Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘Our HOA has sent my wife and I a notice about a new amendment to our CC&Rs which was passed in July 2011 and states that tenants are prohibited from having dogs in the units. Owners, however, are permitted to have dogs as long as they are below the HOA weight limits (which our dogs are). My landlord and I have a great relationship and my wife and I and both our dogs have lived here for nearly 3 years. I know I need to check the grandfather clause, but regardless of whether our dogs can be grandfathered in, can HOAs in California deny a privilege to a tenant that is not denied to owners, like this amendment is attempting to do?’Well, the question is, is there anything stopping the HOA from imposing rules on tenants that do not apply to owners? And the answer, at least in California, appears to be yes.
Question: A quick internet search reveals that, in California, HOAs havelimited ability to restrict owners from having pets. At a minimum, they must allow an owner to have one pet, and may only impose “reasonable” restrictions. It also appears that pet ownership is one of the rights that is transferred from the owner to the tenant when a condo is rented.
Answer:
My guess is that, in an effort to save money, the HOA did not consult with their attorney before enacting this regulation. Perhaps your landlord can gently suggest that they do so, because a consultation is nearly always less expensive than litigation. If the HOA attorney believes that this restriction is permissible, see if you can get them to cite the reason why so you can take that to your own attorney-again, to consult and hopefully avoid litigation.
